Section 17A(6) in West Bengal Agricultural Produce Marketing (Regulation) Act, 1972
(6)If a trader fails to submit any return of turnover as required under sub-section (1) or fails to comply with the terms of a notice issued under subsection (4), [the Secretary of the market committee, or the Chief Executive Officer of the Board, as the case may be] [Substituted 'the Secretary' by West Bengal Act No. 16 of 2017, dated 31.3.2017.] shall, after giving the trader an opportunity of being heard, make, in the prescribed manner, the assessment of fees payable under this Act to the best of his judgement and determine the sum payable by the trader on the basis of such assessment. [The Secretary of the market committee, or the Chief Executive Officer of the Board, as the case may be] [Substituted 'the Secretary' by West Bengal Act No. 16 of 2017, dated 31.3.2017.] may, in such a case, and in a case where a trader has failed to comply with the provisions of sub-section (2), direct that the trader shall in addition pay, by way of penalty, a sum not exceeding the amount of the fees assessed, if he is satisfied that the failure was unjustified or wilful.]